Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980

- As at 22 November 2023 
- Act 42 of 1980 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      (Repealed)
   3.      (Repealed)
   4.      (Repealed)
   5.      Savings and transitional
   5A.     Limited operation of Act on commencement of ch 8, pt 1 of BCCM Act
   6.      Construction of Act
   7.      Interpretation

   PART 2 - SUBDIVISION OF LAND

           Division 1 - Creation of lots and common property

   8.      Subdivision
   9.      Registration of plan
   10.     Resubdivision
   11.     Amalgamation of lots
   12.     Conversion of lots into common property
   13.     Plans and notices of conversion to be signed
   14.     Copies of plan to certain authorities and bodies corporate
   15.     Support
   16.     Shelter
   17.     Services
   18.     Ancillary rights
   19.     Lot entitlement

           Division 2 - Common property

   20.     Ownership of common property
   21.     Acquisition of additional common property
   22.     Transfer or lease of part of common property
   23.     Creation of easements

           Division 3 - Approval of local government

   24.     Approval of subdivision

   PART 3 - VARIATION OR EXTINGUISHMENT OF PLANS

   25.     Variation or extinguishment of plan
   25A.    Notification to local government on extinguishment of plan
   26.     Disposition on extinguishment of plan

   PART 4 - MANAGEMENT

           Division 1AA - Interpretation

   26A.    Definition for part
   26B.    Associates

           Division 1 - Bodies corporate

   27.     Constitution of bodies corporate
   28.     Seal of body corporate
   29.     First annual general meeting of body corporate
   29A.    Meetings, other than first annual general meeting, of body corporate
   29B.    Audit of accounts of body corporate
   30.     By-laws
   31.     Copy of by-laws to be produced upon request
   32.     Levies by body corporate on proprietors
   32A.    Recovery of body corporate debts
   33.     Power of body corporate to carry out work
   34.     Body corporate’s address
   35.     Agreement for payment to a proprietor of consideration on transfer or lease of common property
   36.     Power of entry
   37.     Duties and powers of body corporate regarding property etc.
   37A.    Improvement etc. to common property by proprietor of lot
   38.     Administrative fund and sinking fund
   38A.    Body corporate to determine contributions by proprietors
   38B.    Levy by body corporate for contributions
   38C.    Borrowings by body corporate
   38D.    Duty of body corporate as to keeping records, convening meetings etc.
   38E.    Body corporate to implement its decisions
   39.     Roll
   40.     Supply of information, certificates and copies by body corporate
   40A.    Body corporate may require information as to letting of lot
   41.     Exemption from certain provisions of Act

           Division 2 - Committees

              Subdivision 1 - Interpretation

   41A.    Definitions for division
   41B.    Meaning of electable person

              Subdivision 2 - Other provisions

   42.     Constitution of committees
   42A.    Non-voting members of committees
   43.     Vacation of office of member of committee
   44.     Chairperson, secretary and treasurer of committee
   45.     Meetings of committees
   45A.    When voting member ineligible to vote at committee meetings
   45B.    Conflict of interest
   45C.    When committee member may receive particular benefits
   46.     Committee’s decisions to be decisions of body corporate
   47.     Statutory restrictions on powers of committees
   48.     Restrictions imposed on committee by body corporate
   48A.    Protection of committee members from liability
   48B.    Schedule 4

           Division 3 - Sale of lots and proposed lots

              Subdivision 1 - General

   48C.    Application of div 3 generally
   48D.    Definition for div 3
   48E.    References to disclosure statement
   48F.    References to things done by or in relation to original proprietor or purchaser
   48G.    Application of s 49 if option granted
   49.     Duties of original proprietor
   49A.    Disclosure plan requirements
   49B.    Avoiding contract if not settled within particular period

              Subdivision 2 - Amounts held in trust accounts and security instruments

   49C.    Definitions for sdiv 2
   49D.    Payment of particular amounts
   49E.    Amounts paid under s 49D to be held in prescribed trust account
   49F.    Disposal of amount held in prescribed trust account
   49G.    Investment of amount held in prescribed trust account
   49H.    Security instruments

              Subdivision 3 - Evidence

   49I.    Evidentiary provision

           Division 4 - Body corporate managers

   50.     Body corporate manager
   50A.    Certain voting by proxy etc. restricted

           Division 5 - Proprietors and other occupiers of lots

   51.     Duties of proprietors and other occupiers of lots
   51A.    Illegal use of lot prohibited
   52.     Power for individuals to act for corporate proprietors and mortgagees of lots
   53.     Notices to be given by proprietors and mortgagees

           Division 6 - Insurance

   54.     Interpretation
   55.     Insurance of buildings and common property
   55A.    Original proprietor to pay for damage policy insurance in first year
   56.     Further insurance by body corporate
   57.     Insurance by proprietor
   57A.    Insurance by proprietor in case of common walls on group title plan
   58.     Insurance of mortgaged lot
   59.     Rebuilding
   60.     Insurable interest of body corporate
   61.     (Repealed)

           Division 7 - Rating and taxation

   62.     Valuation of parcel
   63.     Particulars of lot entitlements to be conclusive
   64.     Rating of lots
   65.     (Repealed)
   66.     (Repealed)
   67.     Local government may recover arrears of rates and charges upon conversion etc.
   68.     (Repealed)

   PART 5 - DISPUTES

           Division 1 - Referee

   69.     Referees and other officers employed under Public Sector Act 2022
   70.     Referee may delegate

           Division 2 - Applications for orders

   71.     Referee may inspect certain records
   72.     Applications for orders to be made to referee
   73.     Procedure after referee receives application
   73A.    How referee must act
   74.     Body corporate to display and give certain notices

           Division 3 - Orders by referee

   75.     Orders under this division
   76.     Interim orders
   77.     General powers of referee to make orders
   78.     Further powers of referee
   79.     Order with respect to certain consents affecting common property
   80.     Order with respect to acquisition of personal property
   81.     Order to acquire personal property
   82.     Order to make or pursue insurance claim
   83.     Order varying certain contributions
   84.     Order to supply information or documents
   85.     Order relating to animal kept contrary to by-laws
   86.     Order relating to animal kept pursuant to by-laws
   87.     Order confirming information for roll
   88.     Order revoking amendment of by-law or reviving repealed by-law
   89.     Order granting certain licence
   90.     Order invalidating purported by-law
   91.     Order for variation of contributions or manner of payment thereof
   92.     Order where voting rights denied or due notice of item of business not given
   93.     Order varying amount of insurance to be provided
   94.     Order appointing body corporate manager to exercise or perform certain powers etc.
   94A.    Order varying anniversary of first annual general meeting of body corporate
   94B.    Order revoking resolution dispensing with audit
   94C.    Order for costs
   95.     Copy of order to be served

           Division 4 - Tribunals

   96.     Appointment of tribunal
   97.     Tribunal may investigate as appropriate
   98.     General provisions relating to orders on appeal
   99.     Representation before a tribunal
   100.    Adjournment of appeal
   101.    Continuity of hearing
   102.    Copy of order to be served
   103.    Witness may be summoned before tribunal
   104.    Tribunal may administer oath
   105.    Contempt of tribunal

           Division 5 - Appeals

   106.    Appeal against order of referee
   107.    Determination of appeal from order of referee
   108.    Appeal to Court on question of law
   109.    Appeal does not lie from tribunal except as provided in this division

           Division 6 - Miscellaneous

   110.    Refund of prescribed deposit
   111.    Effect of certain orders
   112.    Recording on plan of effect of certain orders
   113.    Penalty for contravention of certain orders
   114.    Protection of referee and tribunal
   115.    Enforcement of orders for payment of money
   116.    Time at which order takes effect
   117.    Inquiries
   118.    Referee or tribunal not to have jurisdiction where title to land in question

   PART 6 - GENERAL

   119.    Other rights and remedies not affected by this Act
   120.    Reservation of name
   121.    Body corporate is representative of proprietors in proceedings
   121A.   Limited right of action by body corporate
   122.    Body corporate’s power to take proceedings as agent for proprietor in case of structural defects
   123.    Dividing fences
   124.    Costs in proceedings by proprietors against body corporate
   125.    Apportionment of statutory charges
   126.    Notice of application for order under s 25 or 26
   127.    Service of documents on body corporate, proprietors and others
   128.    Powers of entry by public authority or local government
   129.    Powers of entry of referee in certain cases
   130.    Voting rights
   131.    Voting rights of first mortgagees
   132.    Procedure upon application to Court
   132A.   Education and information service
   133.    Offences
   133A.   Responsibility for acts or omissions of representative
   133B.   Approved forms
   133C.   Fees for titles registry functions
   134.    Regulation-making power

   PART 6A - (Expired)

   PART 7 - ADDITIONAL TRANSITIONAL PROVISIONS

           Division 1 - Transitional provision for Audit Legislation Amendment Act 2006

   135.    Transitional provision for Audit Legislation Amendment Act 2006

           Division 2 - Transitional provisions for Land Sales and Other Legislation Amendment Act 2014

   136.    Definitions for div 2
   137.    Application of s 48G
   138.    Application of s 49
   139.    Application, and modified application, of s 49B
   140.    Application of pt 4, div 3, sdiv 2
   141.    Continuing application of old LSA, part 3

           Division 3 - Savings provision for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020

   142.    Saving of operation of expired pt 6A

           Division 4 - Transitional provision for Queensland Future Fund (Titles Registry) Act 2021

   143.    Approved forms

           Division 5 - Transitional provisions for Building Units and Group Titles and Other Legislation Amendment Act 2022

   144.    Application of s 32A
   145.    Application of s 38D
   146.    Elected persons who are not electable persons
   147.    Application of s 45
   148.    Existing applications for orders under part 5
   149.    Approved forms
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4